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Opinions Oct. 30, 2013

October 30, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Heather N. Kesling v. Hubler Nissan, Inc.
49S02-1302-CT-89
Civil tort. Holds Kesling’s fraud claim survives summary judgment but her deception claims do not. Advertising a car as “sporty car at a great value price” is not a warranty about the car’s performance or safety characteristics. But stating that a car “would just need a tune-up,” in the face of actual or constructive knowledge that it had far more serious problems, does represent a fact and therefore may be the basis of a fraud claim when a seller gives it as a knowingly incomplete answer to a buyer’s specific question.

Wednesday’s opinions

Indiana Court of Appeals
Eric Danner v. State of Indiana (NFP)
71A03-1304-PC-146
Post conviction. Affirms denial of petition for post-conviction relief.

Delmar P. Kuchaes v. JP Morgan Chase Bank, N.A. (NFP)
53A04-1206-MF-304
Mortgage foreclosure. Grants rehearing after originally dismissing appeal and finds the trial court did not abuse its discretion in denying Kuchaes’ motion to continue; in certain evidentiary rulings; in denying Kuchaes’ motion to amend the pleadings; in denying Kuchaes’ motion to reopen; and in the award of attorneys fees.

Christopher Peelman v. State of Indiana (NFP)
39A01-1301-CR-27
Criminal. Affirms convictions and sentence for Class A felonies dealing in methamphetamine and conspiracy to commit dealing in methamphetamine.

Jose A. Bonilla v. State of Indiana (NFP)
19A01-1303-CR-146
Criminal. Affirms Class C felony child molestation conviction.

Kendrick Atkins v. State of Indiana (NFP)
71A04-1303-CR-135
Criminal. Affirms conviction and sentence for Class B felony attempted robbery.

Marcus Anthony Johnson Revocable Trust and The Marion County Board of Zoning Appeals Division No. 1 v. Westchester Estates Homeowners Association, Inc., et al. (NFP)
49A04-1302-PL-59
Civil plenary. Affirms order granting summary judgment in favor of Westchester Estate Homeowners Association and other appellees and the denial of summary judgment in favor of the trust and board of zoning appeals regarding a zoning variance. 

Lawrence Harris v. State of Indiana (NFP)
49A02-1301-CR-80
Criminal. Affirms revocation of placement in community corrections and commitment to the Indiana Department of Correction to serve the remainder of Harris’ sentence.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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